Daughtrey v. State

District Court of Appeal of Florida

Daughtrey v. State

823 So. 2d 857, 2002 Fla. App. LEXIS 11991, 2002 WL 1905875

District Court of Appeal of Florida·Decided August 21, 2002·No. No. 2D01-2936·Published·Cited by 1 cases

Opinion

DAVIS, Judge.

Benjamin Daughtrey challenges the circuit court order revoking his probation and sentencing him to forty-eight months’ prison. We affirm the revocation of probation without comment. However, although the trial court properly found that Daughtrey had validly asserted his right to self-representation for the purposes of the violation of probation hearing, the trial court failed to renew the offer of counsel prior to the sentencing hearing. This was error, and accordingly we remand for a new sentencing hearing. See Watson v. State, 718 So.2d 253 (Fla. 2d DCA 1998).

BLUE, C.J., and COVINGTON, J, Concur.

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DAVIS, Judge.

Benjamin Daughtrey challenges the circuit court order revoking his probation and sentencing him to forty-eight months’ prison. We affirm the revocation of probation without comment. However, although the trial court properly found that Daughtrey had validly asserted his right to self-representation for the purposes of the violation of probation hearing, the trial court failed to renew the offer of counsel prior to the sentencing hearing. This was error, and accordingly we remand for a new sentencing hearing. See Watson v. State, 718 So.2d 253 (Fla. 2d DCA 1998).

BLUE, C.J., and COVINGTON, J, Concur.

Daughtrey v. State, 823 So. 2d 857, 2002 Fla. App. LEXIS 11991, 2002 WL 1905875 (Fla. Ct. App. 2002).

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